ConstructionRisk.com Report (March 2012)

A1 - Indemnification Clause Requires Subcontractor to Indemnify Prime Contractor Regardless of Finding that Sub was not Negligent, and the Additional Insured Endorsement Requires Insurer to Cover the Prime for Damages not Caused by Sub’s Negligence
A2 - Framing Subcontractor Is Not Liable Under Multi-Employer Worksite Doctrine for HVAC Subcontractor Employee’s Injuries Where Contractor Caused the Condition But Did Not Control It At Time Employee Intentionally Assumed Risk by Its Actions
A3 - Negligent Misrepresentation Claim Cannot be made against Engineer Whose Design and Construction of Sludge Processing Equipment Failed to Generate as Much Electricity as Engineer Represented Would be Created
A4 - General Contractor on Highway Project Has No Duty to Prospective Motorists to Rectify Unsafe Condition or Warn of Unsafe Condition Where It Followed the Design Specifications and Work was Approved by Engineer and owner
A5 - Action Not Barred by Statute of Limitations Where Contract Required Engineer to Perform Certain Services such as Issuing Certificate of Substantial Completion, after Construction Work was Completed
A6 - Statute of Limitations in Action against Engineer was Barred Due to 3 Year Negligence Statute Rather than the Longer 6 Year Statute for Breach of Contract

ConstructionRisk.com Report (Feb 2012)

A1 - “Pay-If-Paid Clause” Enforced as Condition Precedent to Subcontractor Right to Payment
A2 - Engineer Required to Indemnify Client for Costs of First Party Claim, Including Attorneys Fees to Extent Attributable to Engineer
A3 - Contractor Cannot Recover for Extra Work Performed without Change Order Approved by Authorized Officials
A4 - Liquidated Damages Properly Assessed against Design-Builder Without Regard to Whether Excessive Compared to Actual Damages

A1 - Assignee of Contract Indemnification Rights under a Design-Build Contract Stands in Shoes of Indemnitee and is Entitled to Recover Defense Costs
A2 - Expert Survey of Small Sample of Walls Sufficient to Justify Opinion that Much Larger Area of Walls Must be Torn out and Replaced by Design-Builder for Failing to Meet Specifications for Rebar
A3 - Design-Builder Entitled to Contractual Indemnity from Subcontractor for Damages to Turbines
A4 - CGL Insurance Covers Damages Caused by Defective Workmanship of Subcontractor
A5 - Liquidated Damages in Design-Build subcontract Are Enforceable Even Where Far Exceeding Actual Damages
A6 - Contractor Permitted to Sue Architect for Implied Warranty of Specifications
A7 - Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner

A1 - Architect Not Entitled to Summary Judgment on Indemnification Obligation Owed to Project Owner
A2 - Contractor Loses Malicious Prosecution Action against Homeowner that had Unsuccessfully Sued the Contractor in Construction Defect Litigation
A3 - Contractor’s Claim against CGL Insurance Company Dismissed Because It Failed to Give Company Timely Notice of Plaintiff’s Claim Related to Defective Work
A4 - Owner Permitted to Sue a Subcontractor in Idaho, and Economic Loss Doctrine Did Not Bar Claim
A5 - Project Owner Not Liable for Injuries to Employee of Independent Contractor

A1 - Homebuilder Successfully Offered Express Limited Home Warranty That Waived Implied Warranty of Good Workmanship
A2 - Engineer That Did Work without Written Change Order Not Entitled to Be Paid for Additional Services
A3 - Subcontractor Had Rights as Third Party Beneficiary Under Federal Government Contract
A4 - Design Professional Had no Liability for Worker’s Injuries Because Intervening Acts of Contractor Prevented Designer’s Alleged Acts from Being the Proximate Cause
A5 - Architect Entitled to Insurance Defense for ADA and FHA Claims Arising out of Services Performed for Condominium Developer